Bankruptcy

Find your path to financial freedom here.

Avoid foreclosure, repossessions, garnishments, and stop harassing phone calls from collection agencies. Start here to understand your options and ensure the US bankruptcy code protects you and works in your favor. We’re devoted entirely to helping individuals, families and small businesses move past their debt struggles.

Chapter 7

Who it’s for:

  • Any individual who resides, is domiciled or has property in the US
  • Non-US citizens
  • Legally married same-sex couples who are looking to file a joint bankruptcy
  • Corporations may file for Chapter 7, however, they aren’t eligible for a Discharge in Chapter 7

Benefits of Chapter 7:

  • The most common type of bankruptcy
  • Most cases are “no asset” cases which means there is no liquidation of ANY of the debtor’s property. 
  • Chapter 7 is fast! You are in and out of bankruptcy typically in 4-5 months.
  • Attorneys fees are less and there’s typically no payment to creditors.

Chapter 13

Who it’s for:

  • Any person with regular income to be eligible to file for Chapter 13. 
  • Anyone looking to for a repayment plan to creditors, typically 3-5 years.
  • Individuals who need additional options that Chapter 7 doesn’t cover.
  • People who have time to invest in the process.

Benefits of Chapter 13:

  • Debtor is allowed to keep and use all property and they get to resolve their debt.
  • Stop foreclosure and cure home arrears
  • Pay off priority taxes through the plan
  • Lower car payment and interest rate
  • Protect non-exempt assets
  • Strip off a 2nd mortgage
  • Extended protection from student loans
 

Chapter 11

Who it’s for:

  • For businesses that want to continue to operate and reorganize through bankruptcy, Chapter 11 is the main option. 
  • Chapter 11 will allow a business to continue to operate as a “debtor in possession.”

Benefits of Chapter 11:

  • Under Chapter 11, Business’s creditors must immediately cease all actions against the debtor or the debtor’s property. 
  • This “automatic stay” can give the business some much needed breathing room to make the necessary changes to get the business back on track.
  • The debtor receives a moratorium of several months on the payments of its debts.

Bankruptcy Litigation

Who it’s for:

  • Litigation within the Bankruptcy Court can be broken down into two broad categories: Adversary Proceedings and Contested Matters
  • An Adversary Proceeding is basically a lawsuit within the core bankruptcy case that follows rules of procedure substantially similar to the FRCP
  • Contested Matter are other litigation that occur within the bankruptcy case but are treated less formally than adversary proceedings 
  • Not all bankruptcy attorneys handle litigation (the majority do not)

Benefits of Litigation:

  • Our firm has extensive litigation experience and we never shy away from a fight (we like it)! 
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